| 1 | 1 | | By: Wentworth S.B. No. 1663 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the disregard or violation of a resident's advance |
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| 7 | 7 | | directive by a nursing institution; providing penalties. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 242.061, Health and Safety Code, is |
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| 10 | 10 | | amended by adding Subsection (a-1) to read as follows: |
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| 11 | 11 | | (a-1) The department, after providing notice and |
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| 12 | 12 | | opportunity for a hearing to a license holder, shall suspend or |
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| 13 | 13 | | revoke a license if the department finds that the license holder has |
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| 14 | 14 | | been assessed three or more administrative penalties for violating |
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| 15 | 15 | | Section 242.0663(a)(2). |
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| 16 | 16 | | SECTION 2. Section 242.0663, Health and Safety Code, is |
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| 17 | 17 | | amended by amending Subsection (a) and adding Subsections (d), (e), |
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| 18 | 18 | | and (f) to read as follows: |
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| 19 | 19 | | (a) The department shall assess an administrative penalty |
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| 20 | 20 | | under this subchapter against an institution that: |
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| 21 | 21 | | (1) violates Section 166.004; or |
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| 22 | 22 | | (2) knowingly employs or has on staff a health care |
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| 23 | 23 | | practitioner who knowingly disregards or violates a resident's |
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| 24 | 24 | | advance directive if the institution has included a statement in |
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| 25 | 25 | | its written policies maintained under Section 166.004 that the |
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| 26 | 26 | | institution will follow a resident's advance directive. |
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| 27 | 27 | | (d) A person, including an owner or employee of an |
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| 28 | 28 | | institution, who has cause to believe that a resident's advance |
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| 29 | 29 | | directive has been or may be knowingly disregarded in violation of a |
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| 30 | 30 | | written policy maintained under Section 166.004 shall report such |
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| 31 | 31 | | violation consistent with the requirements of Section 242.123. |
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| 32 | 32 | | (e) It is not a violation of this section or any other law if |
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| 33 | 33 | | an institution, its owners, employees, agents, or physicians in |
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| 34 | 34 | | good faith attempt to resuscitate a resident because the |
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| 35 | 35 | | institution, its owners, employees, agents, or physicians who |
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| 36 | 36 | | practice in the institution reasonably believe that the process of |
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| 37 | 37 | | dying appears to be the result of an accident, unnatural causes, or |
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| 38 | 38 | | suspicious circumstances. |
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| 39 | 39 | | (f) To the extent consistent with federal law, an |
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| 40 | 40 | | institution may, on the basis of conscience, object to honoring an |
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| 41 | 41 | | advanced directive if the institution includes in its policies and |
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| 42 | 42 | | explains to each prospective resident before admission to the |
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| 43 | 43 | | institution the circumstances under which the institution would not |
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| 44 | 44 | | follow instructions of an advanced directive. The policies and |
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| 45 | 45 | | explanation must include the following: |
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| 46 | 46 | | (1) a clear and precise statement of limitations that |
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| 47 | 47 | | result from the institution's objection to implement advanced |
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| 48 | 48 | | directives based on conscience; |
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| 49 | 49 | | (2) a description of the differences between an |
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| 50 | 50 | | institution-wide policy of objection on the basis of conscience and |
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| 51 | 51 | | an objection that may be raised by an individual healthcare |
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| 52 | 52 | | provider; and |
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| 53 | 53 | | (3) a description of the range of medical conditions |
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| 54 | 54 | | or procedures affected by an objection based on conscience. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2009. |
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